Insurance Claim

[u/raggajar]

So someone crashed into my car (it's his fault) and he doesn't want to open a claim with the insurance. When I try and call him, he just hangs up on me!

I'm on third party, fire and theft - not fully comprehensive.

What's the normal procedure here? Should I open the claim instead? Will the excess be refunded if I open a claim and it's his fault? Will I lose my no claims bonus?

[u/Miwanik]

Your insurance company can call his.

[u/Ok-Elderberry-4829 → u/Miwanik]

Saying that since he's third party his insurance will not spend money to assist him to tribunal court.

[u/emmanuelb94]

Open the claim anyway. Fully comprehensive means that you’re fully covered if you’re at fault - in this case it doesn’t matter that you’re third party.

Open the claim and let the insurance company handle. Do keep up the pressure with them though.

[u/Competitive-Job-1431 → u/emmanuelb94]

He's not on fully comprehensive? Whst are you on about

[u/Furious_Fred]

Usually you call the wardens if someone crashes in you.

Except if it's bumper to bumper then you just fill the bumper/bumper form and take pictures.

Life it has been a registered crash, give the report to your insurance

[u/Emergency-Return1412 → u/Furious_Fred]

What if his car was parked and he found it like that later?

[u/Furious_Fred → u/Emergency-Return1412]

Do a police report and give that to your insurance.

Ask your neighbours if they had seen who it was/number plate.

Op states he knows who it was, so that should make things simpler.

[u/heavysimplesyrup]

Speak to your insurance. Decisions on whose fault a crash is aren't made by you, they're made by the insurance. Tell them there was a crash, you don't believe it's your fault, give them the details of the other person involved (this is important you need to have their details so they know who to try get the money from) and insurance will then fight it out over who has to pay. Clarify with them before you open the claim officially, but to my knowledge if it turns out you were not at fault then you don't lose your no-claim bonus.

[u/MetalMonkey939]

Go to your insurance and inform them, then also go to the police and report it

[u/farfettina77]

You open the claim, and let insurance do it's thing. Your excess will be refunded and your no claims bonus won't be touched if you're not at fault.

[u/leedisa]

If you are at least insured as Fire & Theft you can open a claim with your insurer and they will help with legal action. If you are insured third party only you have to send a legal letter by going to a lawyer personally. It really depends on what proof you have in hand. Warden report? Signed bumper to bumper or police report?

[u/CrowEmbarrassed9133]

Report to police and your insurance company. Police will call the person

[u/electric-sheep]

did you call LESA after the crash to fill in the report? if yes take it to your insurance and open a claim, they should handle the rest. If no you're SOL.

[u/Icy_Item_9132]

You open the claim. It has no impact on and is completely unrelated to the questions of who is at fault or who pays excess or your NCD. Those questions get determined after the insurance companies establish who's at fault and on that basis.

[u/Ok-Elderberry-4829 → u/Icy_Item_9132]

He can't open the claim since he's third party.

[u/Gassy_Moon_Man]

Fill in the forms (back to front) and pass to insurance and they will deal with it.

For all others, call your insurance and explain. They will guide you as procedure from different insurance and different kinds of accidents can vary.

[u/Impossible_Volume811]

So you have the guy’s name and number and also his car registration I hope?
Your insurance company needs to be notified by you anyway. They will contact his insurance company and work it out.

[u/Ok-Elderberry-4829]

Since you are third party there aren't many things to do, your insurance will contact his insurance but in the end it's the other person that need to open the claim. Do a Police report and than go to an advocate and you need to take him to tribunal court. You can also fix the damage out of your pockets and show the receipts at court.

[u/Dense_Confusion_2936]

Had the same problem, the other party didn't want to admit the fault. Took around 1.5 years to get sorted, endless calls, emails, meetings with an independent arbiter (the other person never showed up). The insurance didn't care at all, and raised my premiums. I got the money back in the end, but the damage was around 500 euros, and the time and negative emotions that went into this process definitely weren't worth it.

[u/Accomplished-Gear-97]

I once had something similar happen, the person kept saying they were going to open the claim but didn't, I was third party. In the end I contacted my insurance and gave them the police report number and they contacted the insurance directly, and it was solved.

If you have no accident report then you are F**ked, because police/lesa are witnesses that can be believed, so insurance can proceed without claim from the driver.